Does Islam Allow Phone Sex Between Unmarried Persons? - a Fatwa

By IslamOnline.net, Reprinted from "Ask the Scholar"

Date: 5/July/2009

Name of Mufti: Wael Shihab

Topic: Sexual Practices

Name of Questioner: Afnaan

Question: Respected scholars, as-salamu `alaykum.

If a man and a woman, while having phone sex, address each other as husband and wife and they actually mean it, will it amount to marriage? Even during the normal course of telephone conversations they occasionally call each other husband and wife. Does it mean they are married or it just an over emotional sentiment? Is marriage solemnized when a man tells a woman that she is his wife and the wife says she is?

Jazakum Allahu Khayran

Answer:

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister, we appreciate your forwarding this question to us and we ask Almighty Allah to strengthen your faith, save you from the traps of Satan and enlighten your heart with the light of Islam!

Doing this act is a crime and leads to a grave heinous sin which is zina (illegitimate sexual intercourse). Pronouncing the words of marriage during your conversation does not authorize this act or mean that you have made a marriage contract with that man. Marriage is a solemn contract that has its own rules and conditions without which any other kind of intimate relation is considered invalid and illegal.

Islam blocks all the ways that lead to illegitimate sexual intercourse. The Prophet (peace and blessings be upon him) said: 'The eyes commit zina, the hands commit zina and the feet commit zina and the genitals commit zina.' (Ahmad)

This is one of Satan's traps, so repent to Almighty Allah sincerely and cut all your relations with this man. Almighty Allah says, (Do not even come close to Zina. It is a shameful deed and an evil way.) (Al-Israa' 17: 32)

In his response to your question, Wael`Abdul-Mut`aal Shihab, a Shari`ah researcher at Al-Azhar University, stated,

First of all, phone sex and other forms of illicit relations between men and women are strictly prohibited in Islam. Those who involve themselves in such illegal practices should sincerely repent to Almighty Allah, stop all illicit relations, fear Allah's punishment, and return to the straight path before it is too late.

Just because a man calls a woman "his wife", whether on the phone or during a face-to-face conversation, it does not amount to a legal marriage. A legal marriage must fulfill the following requirements in order to be valid:

The marriage must be expressed in clear and unequivocal terms signifying the full consent of both male and female either in words or in writing.

It should be witnessed by two reliable Muslim witnesses.

It should also be publicized.

The wife's guardian should give his consent.

A mahr should be paid to the bride.

Any arrangment that does not fulfill these conditions is not marriage, no matter how sincere or earnest the parties might be.